Alleged liar, liar: Perriello wants Goode TV ads dropped

Tom Perriello looks darker and "scarier" in the photo on the left used in a Virgil Goode ad, complains Perriello's campaign.

Fifth District Democratic congressional candidate Tom Perriello has asked television stations to stop airing an ad from incumbent Virgil Goode that contains "a flat-out lie" and is "libelous," according to the Perriello campaign.

Charlottesville attorney Lloyd Snook sent a letter to television stations citing libel law from the New York Times v. Sullivan U.S. Supreme Court decision that specifies "actual malice" and "reckless disregard" for the truth in proving libel [or in this case, slander] of a political figure.

"We do not expect you to act as a censor, prejudging all advertisements that are offered to you," wrote Snook. "But we do expect that when you are confronted with clear proof that a particular advertisement is false, you will refuse to run the advertisement in question. You owe your viewers that much."

NBC29 general manager Harold Wright says he can't pull the ad. "I'm legally prohibited." He quotes both the federal Communications Act of 1934 and the FCC, which say broadcast licensees have no power of censorship of the material broadcast by a legally qualified candidate for public office. Wright says he can't remember a campaign ever asking a TV station to pull an ad.

"It's not something that's commonly done because [campaign managers] know that law," says Wright, adding, "We cannot censor–- and there have been some awful things in political ads."

"We're not suing anyone," clarifies Perriello communications director Jessica Barba, who also objects to a "doctored" photo in the Goode ad that's "about ten times darker than the original." The photo makes Perriello "look scarier than he is," says Barba.

The traditional response to a political ad with alleged untruths is firing back with a new ad that alleges the opponent is a liar. The Perriello campaign does not intend to take that path. "This isn't the kind of thing we need to respond to with paid advertising," says Barba. "This is more of desperation on [Goode's] part."

Goode, in Washington voting against the $700-billion bailout, had not responded to a request for comment at press time, but the six-term congressman has stomped Democratic contenders who could only pull in 36 percent of the vote in recent elections, with challenger Al Weed chipping that margin to 20 points in 2006. An August poll showed Goode leading Perriello 64 percent to 30 percent.

Barba and Snook held a press conference this afternoon in front of NBC29. Barba concedes there may be a legal requirement for television stations to run the ad, but "morally and ethically they should say the ad has libelous material," she admonishes.

"Harold Wright knows the law," says Snook, admitting that he "didn't have access to that code." Nonetheless, says Snook, "It certainly gives you a moral obligation to make sure the public gets the truth."

Over at the Center for Politics at UVA, director of communications Cordel Faulk can't say he's ever heard of a candidate asking a station to pull an opponent's ad. "I think what it shows is the race is heating up," he says. "Both candidates are running like they're 20 points behind."

Is it naive–- or shrewd–- for Perriello to bring up the fact that political ads sometimes distort the truth? "He's a Yale-educated lawyer," observes Faulk. "I'd have a hard time calling him naive."

What the strategy may have accomplished: "It has a lot of people," says Faulk, "talking about this today who wouldn't otherwise."

Give me a break, check your sanity at the door Sick Of. Even you must be able to see the racist undertones of Goode now. He is a very sad man whose long-time supporters should be chastised for ignorance. It is time to raise the bar when it comes to what you expect of your representative.

Sick Of The Local Rambos September 29th, 2008 | 11:12pm

Ohh Sane One, the point I was making is that Jessica Barba in so many words says Perriello is a scary person. She said the picture makes Perriello "look scarier than he is." In my opinion, Communications Director Barba needs to be replaced with slips of the tongue like that.

Perriello is a terrorist, right? That is what Goode told me in a commercial.

Slanderous attack ads tend to work better than others when targeted at people that like guns and god. Goode will will. VA is for Goode Lovers.

plop September 30th, 2008 | 9:01am

Seems to me if Perriello can't/won't put forth a serious legal challenge to this ad, he should just stay quiet. There are bigger fish to fry/more important points to make now. My guess, Goode and Perriello's lawyers realize this ad is legal. Fussing about this little situation could make one come across as a whiner. Move forward Perriello and forget it!

ImagineThat September 30th, 2008 | 9:07am

Now you don't think Goode would want to project Perriello as a terrorist do you? Come on good ole boy Goode. As long as he can show his supporters pictures he is doing ok. If literacy were needed Goode would have problems.

plop September 30th, 2008 | 9:17am

I like Perriello, but lets face it, he is an underdog. The way the lines are drawn (district), it will a miracle if he can pull off a win. Perriello should put his energies into finding a way pull in Goodes's votes. Fussing about this smeary photo won't turn the tide.

Thundercat September 30th, 2008 | 9:33am

Tom Perriello can't even come his hair. I mean look at that picture, scandalous! :-) Goode is good for Virginia!

Renee September 30th, 2008 | 10:39am

They doctored the photo to make Perriello look like an Arab -- that's what this boils down to. The same people that have been reelecting Goode throughout the last decade are the ones too ignorant to know Perriello (that is a foreign-soundin' name, y'all) isn't an Ay-rab terra-ist.

I haven't trusted Goode since he changed parties once in office, and every idiotic thing he's said and done since then has just reaffirmed my dislike and distrust of him.

AA September 30th, 2008 | 5:18pm

"NBC29 general manager Harold Wright says he can’t pull the ad. Ã¢â?¬Å?I’m legally prohibited.” He quotes both the federal Communications Act of 1934 and the FCC, which say broadcast licensees have no power of censorship of the material broadcast by a legally qualified candidate for public office. Wright says he can’t remember a campaign ever asking a TV station to pull an ad."

So, if I run against Virgil and get the Dem. nomination I can run ads on TV telling the world that he is a pedophile and there is nothing anyone can do about it? I find that kind of odd

Sick Of The Local Rambos September 30th, 2008 | 6:01pm

quote: So, if I run against Virgil and get the Dem. nomination I can run ads on TV telling the world that he is a pedophile and there is nothing anyone can do about it? I find that kind of odd.

Sure there is something that can be done. Virgil can sue you for lible and defamation in calling him a pedophile. Virgil could also sue the TV stations that run this pedophile ad over and over.

If you recall, it wasn't that long ago that Channel 29 failed to successfully defend themselves in a lible suit placed by a mechanic and business owner in Greene County, Jesse Sheckler. WVIR and reporter Melinda Semadeni wrongly reported in news stories on April 6, April 7, Oct. 29 and Oct. 30, 2001, that authorities had found fifty grams of crack cocaine and 500 grams of powder cocaine in and during a raid of Sheckler’s home and business. But.... no drugs ever were confiscated from Sheckler’s property. A $10 million dollar judgement was handed down against Channel 29. I believe at the time it was the largest libel award ever handed down in Virginia history. And I think the judge reduced the award to a million dollars or less though?

Sick Of The Local Rambos September 30th, 2008 | 6:07pm

ps - since I brought the subject up, I should also add that the only thing Jesse Sheckler was guilty of was lending money to somebody he considered a friend at the time.

Sheckler was NOT distributing drugs or laundering dirty drug money.

AA September 30th, 2008 | 7:46pm

Not the issue, he said he was not in a position to edit any content.

Eric October 1st, 2008 | 3:34am

Virgil Goode is undeserving of our votes. He has done literally nothing for the fifth district since taking office and often is simply an embarrassment. Now that he has a real competitor, he starts turning out garbage like this. Sorry, Virgil, but you had your chance. Where is the money you were supposed to bring to our district for roads? Where is our fair share?

Tom Perriello is a young attorney from the district who at least promises to work hard for us. Virgil won't even promise that. He simply feels entitled to the fat paycheck. He does not deserve re-election.

ImagineThat October 1st, 2008 | 9:50am

Virgil Goode is a pedophile? I didnt realize that. But now that you mention it...

tomr October 1st, 2008 | 11:11am

Ã¢â?¬Å?This isn’t the kind of thing we need to respond to with paid advertising,” says Barba. Ã¢â?¬Å?This is more of desperation on [Goode's] part.”

Obviously saying a candidate is a pedophile is not the same as saying he opposes offshore drilling. The hue and cry over a negative ad demonstrates EXACTLY why the local Democrats won't ever dislodge Goode. They are truly out of touch with the majority of the electorate in this district. Their whine and cheese fundraisers may make them feel good about themselves, but ultimately all that money goes down a black hole.

Whining about misleading advertising turns people off. Perriello may be a good man, but he won't be the rep from the 5th district anytime soon.

ImagineThat October 1st, 2008 | 9:57pm

True Goode has turned out to be a career politician and will retire as such but it doesn't mean he is the best person for the job. After all, Goode's supporters voted W in twice (W I now know means WORST) Bush started with and ends with a disaster. Yep you know how to pick winners. LOL

plop October 1st, 2008 | 10:46pm

Imagine, I say get to the point and get real. Most are not saying they think Goode is preferable. The sad fact, unless Perriello's camp does something convincing to turn the tide, he will lose badly to Goode.